Special thanks to Mark Hamer, Creighton Macy, Nandu Machiraju, Jeffrey Martino, Darley Maw, Kayleigh Golish, Will Woods, Abhishek Dube, Bradford Newman and Nicholas Kennedy.

Over the past week, the Federal Trade Commission (“FTC”) took a major step to expand competition policy deeper into labor markets.

On July 9, 2021, President Biden signed an Executive Order on antitrust and competition policy that identified non-compete clauses as an area for greater scrutiny. The Executive Order invited the FTC to use its “statutory rulemaking authority under the Federal Trade Commission Act to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” This week, the FTC significantly advanced the Executive Order’s directive.

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